10 agents have been assigned, working in shifts of five persons. In this regard, the
representation of the beneficiaries, the State, and the Commission have indicated that there
haves been various disagreement; for example, Mr. Meléndez considers that the agents
designated are insufficient to provide protection to all his family members and that,
currently, some of them do not enjoy protection; whereas the State has indicated that Mr.
Meléndez Quijano is in charge of deciding the distribution of the agents according to his
needs. In addition, the representation of the beneficiaries and the Commission indicated
difficulties because the State does not allow Colonel Meléndez or his family members to take
part in the designation of agents, or inform them when the latter are substituted;
furthermore, the way in which the measures are implemented is not coordinated between
the State and the beneficiaries. Lastly, the representation of the beneficiaries indicated that
anomalies have occurred in the way in which the persons who provide the protection treat
the beneficiaries and vice versa.
8.
Furthermore, both the representation of the beneficiaries and the Commission
indicated that the vehicles that provide the escort service have had different problems and
were substituted. However, the representation of the beneficiaries indicated that the State
has not complied with its commitment to remove the logos from the vehicles made available
for their safety, or provided the four communication radios.
9.
The foregoing reveals that the State has made progress has been made in the
implementation of the provisional measures, because it has assigned personnel and vehicles
to provide protection. Despite this, the Court notes that difficulties and disagreements have
arisen, because communication between the beneficiaries of the measures and the State
has not been sufficient, permanent and adequate to reach agreement on the
implementation of the measures. In this regard, the State should take the pertinent steps to
ensure that the measures of protection are planned and implemented with the participation
of the beneficiaries of the measures or their representation, so that the said measures are
provided diligently and effectively, and to keep the beneficiaries informed of any progress in
the execution of the measures. 8 The Court considers it fundamental that a climate of trust
should exist between the institutions and persons responsible for providing the protection
and those who benefit from this protection; to this end, fluid and constant communication
may be useful. 9 Thus, the Court reiterates that coordination is essential for the effective
implementation of these measures.
10.
Furthermore, as regards the domestic protection mechanism that is regulated by the
“Special Law for the Protection of Victims and Witnesses,” from what the representation of
the beneficiaries has stated concerning the alleged inappropriateness of the inclusion of the
beneficiaries in the said mechanism, or regarding the lack of clarity in the information
provided in this regard, this Court does not understand that a prejudice has been caused to
the beneficiaries or to the effectiveness of the protection provided by the State. 10 Regarding
8
Cf. Matter of Alvarado Reyes. Provisional measures with regard to Mexico. Order of the Court of November
23, 2012, third operative paragraph, and Matter of Millacura Llaipén et al. Provisional measures with regard to
Argentina. Order of the Court of February 13, 2013, thirty-second considering paragraph.
9
Cf. similarly, Matter of Álvarez et al. Provisional measures with regard to Colombia. Order of the Court of
May 22, 2013, thirty-seventh considering paragraph.
10
The Court also notes that, despite what Mr. Meléndez Quijano indicated on October 18, 2012 (supra
footnotes 6 and 7), during the public hearing held on January 28, 2010, prior to the Court’s previous Order, the
representation of the beneficiaries had presented to the Court a copy of “Decision No. 1, Reference UTE: 159-47206 of the Executive Technical Unit in the Area of the Protection of Victims and Witnesses.” This document states
that the “Directorate of the Area of the Protection of Victims and Witnesses of the Executive Technical Unit of the
Justice Sector […] received [a] request for measures of protection […] under the Special Law for the Protection of
Victims and Witnesses.” This document also states that, “[p]ursuant to the domestic law of El Salvador, in this case
6